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April 11, 2013

As she was driving home from her job at Home Depot, where she worked the early shift that allowed her to get off mid-afternoon, the sun was shining and the cool ocean breeze was blowing across Galveston Island. She was a mere block away from her driveway. As she was passing one final intersection, her car was hit with such velocity and force that it split in two and exploded balls of fire. Wreckage was scattered for nearly a block, as parked cars along both sides of the street could not escape the damage. Unfortunately, with such a blow, death was certain, with the only question being whether it was quick and painless from the blow or slow and agonizing from the fire. Either way, the beautiful day turned into the ultimate disaster in the blink of an eye.

On Monday, April 8, 2013, my family lost a great woman. She was our cousin, but more like an aunt to my brother and me. She was the closest person to a sister my mother had known for over 40 years. She leaves behind three wonderful, heartbroken children and three adorable, bewildered grandchildren. The shock of it all is still here; the emotion still raw. Anyone who knew her feels the loss of her spirit, love, kindness, and generosity. Mere words, however sincere and true, cannot measure her blessed nature and spirit.

Two days later, we have learned more about the tragedy. Our sorrow for her loss now leaves room for anger at the cause: drunk driving. It was hard enough for her small car to sustain a direct hit by a half-ton Chevrolet full-size pickup. There was no hope, however, when that pickup was being driven by a drunk woman at a dangerously high speed through a residential neighborhood. The healing hasn't even started, and our family is faced with so many unanswered questions. Those questions have to be asked; they will continue to be asked.

But now is not the time to focus on the cause of her death. It is instead time to celebrate her life. She was a wonderful mother and the ultimate grandmother. She was not a rich woman, but she spoiled her family with love and affection. She was not a boastful woman, but she exuded pride whenever her children and grandchildren came up in conversation. She was not a socialite, but she was the best host, guest, and friend one could ask for in this life. All in all, she was an amazing woman without ever having to brag about it.

As with all things suddenly taken from us, we realize that we took her presence for granted, and yet I am blessed to have so many memories of her in my life. I remember our family visiting hers as I was growing up, playing with her children and listening to her laughter and cheer in the background as she and my mother exchanged stories about life. I remember her having to reinvent herself to pick up the pieces and become stronger than ever after her divorce in order to take care of her kids and keep moving forward. I remember dancing with her as we celebrated my college graduation in some long-forgotten dance club on Sixth Street in Austin. I remember her joy and happiness at the prospect of being able to move to Galveston and live a more relaxing and peaceful lifestyle. I remember her sitting on the porch and enjoying the cool breeze and good company. I remember her love of the Mardi Gras parades and the Independence Day fireworks through the years. I remember her hosting Thanksgiving and enjoying her family. Most of all, and perhaps most simply, I remember her being there, always. I treasure her presence while mourning the loss of it.

Andrea, our sweet Andrea, you will forever be in my heart. You carried on the example of love from Nanny and you handed it down to your children, who are passing it down to theirs. Say hello to Nanny, Grandma Sanchez, Grandpa Flood, Toni, Grandpa Markentel, Bill and Cruz, Bill Knight, and all the others you now join in perfection. Thank you for your everlasting love, support, and encouragement.

January 03, 2012

It's the first workday of 2012: Tuesday, January 3rd. Although I was not very excited about the new year on New Year's Eve, I have had a few days to reflect. As much as 2011 was not a good year in some respects, I have come to terms that it was not all bad. Additionally, I am more excited about the prospects of 2012.

2011 saw me win my only two jury trials. The first victory was in May in a real estate fraud case tried in Harris County District Court. I represented four siblings in their 50s and 60s whose parents had died forty years prior and left the home to the siblings. Fast forward 35 years and the property was stolen through fraudulent real estate records, developed, and sold. The jury punished a mother and son team to the tune of $200,000 for a $10,000 piece of property. It's unlikely my clients will actually see any money, and they didn't want the hassle of getting the property back, but the victory was sweet for all nonetheless.

My second jury trial victory cam in October in a debt collection violation lawsuit in which my firm and my former clients were sued by a debtor for alleged violations of state and federal debt collection laws. The debtor had allegedly settled the debt with the previous owner of the debt, who sold the debt anyway and failed to tell us of the settlement. The jury found in our favor on a bona fide error defense due to our lack of knowledge about the settlement. That case was in the United States District Court for the Southern District of Texas, Houston Division.

2011 was a year of real change for me. In addition to getting used to being a true solo practitioner again, I moved out of my former home, which was wrongfully foreclosed upon (I soon will file litigation regarding that), and into my father/stepmother's home for a few months and then into my own apartment in November, thereby living on my own for the first time ever (at the age of 42)! I am settling into the single, bachelor lifestyle while still maintaining focus on my practice.

I reconnected with my father while living with him, and I am still enjoying our connection because my office is within his company's offices. After ending my marriage of 18 years and my post-marriage relationship of 2 years, I am reconnecting with my family and friends and look forward to more of the same in 2012.

I conclude by setting forth some of my goals for 2012:

1. Read one book a week for a total of 52 in 2012. 2. Travel more, especially to visit family and friends. 3. Pay off all business debt of my firm (all the overhead debt incurred before the great carnage of September 2010). 4. Stay single as long as possible while enjoying dating. 5. Focus on creating and achieving realist business goals. 6. Publish another law review article. 7. Obtain a book deal. 8. Become either a part-time teacher at a local law school or a part-time municipal judge. 9. Be happy and productive!

September 05, 2011

That was the theme of the sermon yesterday at my new church home, West Houston Christian Center. It was a nice reminder that no matter how tough things seem to be in life, there is always someone there to lean on and to help you. The help is magnified when you also help yourself! I am blessed that this is a family church as well...my cousin is part of the Praise Team (she sings). I get to see her and her daughter on a regular basis and see other family members pop in and out. I also get to see one of my former paralegals and her children regularly as well.

In addition to seeing my cousins more, I also am seeing my one and only brother more as well, especially when we go see the Astros! I am glad his employer gives him tickets to these games, which allows us to strengthen our relationship. Through not so good circumstances, I am living with my father and stepmother temporarily. I also am working in an office within my father's business, rebuilding my practice. Yet, what at first did not seem to be desirable now is nothing but grace!

It was only a few years ago that I made a video about my "family." My mother pointed out that almost the entire video was of my former in-laws rather than my own family. Since then, I have been through a divorce (no kids) and a failed engagement and a radical shift in my practice. Yet, all that has done has brought me to where I need to be, closer to my family and friends!

May 16, 2010

I knew this was coming. It was simply a matter of time. Back on November 1, 2008, when I finally said goodbye to my marriage, I knew that some day, one day, I would be divorced. A year-and-a-half later, that day came, on May 14, 2010. Here I am, two days removed, sitting in a hotel room in San Antonio and sobering to the fact that the rest of my life is ahead of me and what once was a very big part of my life is now over. The feeling is bittersweet. I have not grieved about the failing of my marriage (it was over long before the day I left), and I don't intend to now. What I have learned though, is that when one divorces, one shouldn't remember the marriage as any better than it was but also not any worse than it was. It was what it was, good or bad but usually somewhere in between. We cannot rewrite history. We can only remember and hopefully honor the good times and forgive the bad ones. Farewell to the married Benjamin; we had good run! Hello to the single Benjamin; let's try not to screw up what's been given to us!

For those of you who couldn't attend, you can find tweets tagged with #NSSFC for a few of us that tweeted the conference. I also attended my first meeting as a member of the GP|Solo Magazine Editorial Board. I look forward to working with my fellow Board members to continue the fine tradition of the magazine!

I close by saying that for any attorney who is longing to expand their network and influence, being active in bar associations is a sure way to achieve that goal! As a leader within local, state, and national bar associations, I have benefited from my those activities. I encourage all attorneys to reach out and make a difference in their worlds!

August 10, 2008

Lawyers often get a bad rap for supposedly making a lot of money for little work. I won’t use this post to discuss just how little lawyers on average make in annual salary, but suffice it to say that the general public’s perception is inconsistent with the reality of the legal profession.

I can’t count how many times I’ve worked late into the night. What’s worse, especially according to my wife, is I can’t count how many times I’ve worked overnight. You have to understand that I’ve never worked for Biglaw, those national and international law firms known to be the sweatshops of the legal profession. I’ve either worked for myself or small law firms with no more than eight lawyers. It hasn’t mattered whether I’ve been a true solo, worked for someone else, or had associates and staff, I have consistently worked late nights and overnight more than I care to remember.

I can’t necessarily blame it on the work all the time. There have been times when such a work routine has been unnecessary, but there I am, working away when the sun is down. Don’t get me wrong, there’s just enough times where I’ve felt the need to get the work done, whether because of court-imposed deadlines, promises to clients, or that nagging feeling that something has been sitting too long. Such night-time work is long and dull, basically pure drudgery. It is hard physically, emotionally, and mentally to work all day and then keep going late into the night or all night. College students do it every now and then when they cram for a test, but most people have regular work hours (whether one works day or night). For me, when I am in my office at night, my mind wanders as I look out the window to most of those I deal with in my profession who are relaxing at home or lay fast asleep. When I am at home working away at night, the sounds of my wife sleeping in our bedroom are a physical reminder of what I am NOT doing.

I don’t ask for sympathy or pity. I write this simply to remind the public that there are many times when lawyers are working through the night on behalf of their clients. With a litigation practice of several thousand cases and a firm of six (three attorneys and three staff), I accept that night-working comes with the territory. At the same time, I am trying to improve my work efficiencies and planning to lessen the amount of night-working I do. As I sit here and write this, I am about to turn off the Olympics and get back to work…at 1:20 a.m.

The Committee meets every quarter to consider strategy, plan, implement ideas, projects, and initiatives that are important to the ABA in relation to lawyer referral services throughout the country. Earlier this year we met in San Diego, CA, and today we are meeting in Sedona, AZ. Sedona is home to many beautiful landscapes due to the red rocks that surround this city. Sedona is most known for the Chapel of the Holy Cross.

I have enjoyed and am enjoying my service to and involvement with this Committee. I have Janet Diaz, the Executive Director of the Houston Lawyer Referral Service to thank, as she has shepherded me in my lawyer referral service experience from a designated representative of the Mexican-American Bar Association of Houston on the Board of Trustees of the Houston Lawyer Referral Service to a Houston Bar Association appointee on the HLRS Board to the ABA LRIS Committee. Janet’s tireless dedication and enthusiasm in lawyer referral services has certainly been a motivation and spark for me to do my best to honor her by giving all I can to this endeavor.

I head back to Houston tomorrow morning having had a great meeting with the Committee. I encourage all attorneys to get involved in their bar associations, whether local, state, or national. There is such a need for our help, and I am living proof that a desire and willingness to get involved and volunteer can do wonders for your career satisfaction. I have seen attorneys who simply go to work all day and then go home, simply to repeat that process day after day, week after week, month after month, and year after year. In the end, they neither are happy nor have contributed to the profession and the community. So, young and old attorneys alike, it is never to soon or late to start getting involved and doing more with your career than simply working for the money!

May 07, 2008

Who would have thought a year ago when I began my firm by sharing office space and a receptionist with two other attorneys that I would up to three attorneys and three staff in mid-May 2008? I am excited and cautious at the same time. I am looking forward to what we can accomplish with the help of additional human resources and cautious about making sure that the firm is financially secure for everyone’s sake! I will keep you updated (hopefully)!

January 21, 2008

It appears from this blog that I am not paying attention to my blogging, but appearances are deceiving! The truth is, I have fallen into the trap that many teenagers have fallen into (although I'm not a teenager)! I have so many different sites that I pay attention to each site as best as I can without being able to fully focus on one. I have a YouTube site, MySpace site, Facebook site, another blog site using our iMac at home, two Stickam sites (one personal and one for business), LinkedIn site, attorney fees blog, and who knows what else. How am I supposed to cope with all of these sites? How can anyone truly be on top of all of their sites if they have a professional career?

Well, it can be done if you have help or if you devote all of your free time to these endeavors, but I don't use help and don't want to be a slave to the Internet. I'll have to figure out where to put my efforts, but I'm thinking of having a personal multimedia website (which may be created with the iMac at home), a business multimedia website (which may be created with PCs and my laptop), and then keep my YouTube and LinkedIn sites, while getting rid of the social networking sites. But who knows? I may keep everything but put primary focus on just a couple of sites while updating the others when I feel like it. This blog may disappear in favor of My Law Affair (With Love). I'll let you know!